Is Kilmar Abrego Garcia headed back to Maryland? Few answers from Trump administration leave judge frustrated.

After more than four hours of heated testimony in a Maryland courtroom, lawyers for Kilmar Abrego Garcia are left with few answers about what is next for their client, and they fear he will be deported to another country without due process. 

Judge Paula Xinis proposed a 48-hour hold on deporting Abrego Garcia from the United States again, but the government refused to agree to those terms. 

Another hearing is set for Friday at 9 a.m. in Greenbelt. 

Message from family 

Abrego Garcia's wife, Jennifer Vasquez Sura, was too sick to attend proceedings on Thursday, but she issued this message through the advocacy group CASA. 

"I want to start by thanking everyone for the immense support today and also for everyone who has supported us from day one in this fight," Sura said. "Our family is extremely grateful for all that you do for us. The support is amazing. We will forever be thankful to each and every one supporting us as we continue with our faith high until Kilmar returns home to his children."

Where is Abrego Garcia now?

Abrego Garcia is being held on human smuggling charges in Tennessee. A judge there signaled he could be released from U.S. Marshals' custody as early as next week. 

The Trump administration has called Abrego Garcia "dangerous" and said they will move him into ICE custody if a judge releases him in Tennessee.

The government has resisted efforts by Abrego Garcia's legal team to have him brought back to Maryland if he is released, even under stringent conditions.

The Department of Justice will not say if they plan to deport Abrego Garcia to a third country and insist they have not looked into which nation would take Abrego Garcia if that happened.

"We hope that she will issue an order prohibiting the removal of Abrego Garcia to any country unless two things have happened. One, he must have written notice of what that country is. Two, he must have adequate time to prepare for it and get a hearing on an application for a 'protection under withholding a removal' as to whatever that country may be," said Simon Sandoval-Moshenberg, who is part of Abrego Garcia's legal team. 

"No politics"

Abrego Garcia's attorneys said the expert witness the government chose to testify on their behalf knew nothing about the case until this week. 

Thomas Giles, who oversees ICE field offices, told the judge he relied on an executive summary just a page and a half long and said he had only previously heard about the case "in the media."

"They are saying they're going to deport him to a third country, and they claim to not even know which one. I mean, I don't think anyone believes that right now," Sandoval-Moshenberg told WJZ Investigates. 

The government filed a stipulation that states if they remove Abrego Garcia to a third country, they will follow procedures set forth under law. 

Abrego Garcia's team has sought assurances that he would not be tortured or persecuted. He claims he was tortured inside El Salvador's notorious CECOT prison. 

Giles testified that which country has yet to be decided, and no decision will be made until Abrego Garcia is transferred into ICE custody.

"It's your testimony that despite the focus the most senior people in government have provided about this case, an unnamed supervisor will make a decision about where he goes next?" Abrego Garcia's attorney Andrew Rossman asked. He referenced statements made by top officials, including President Donald Trump and Attorney General Pam Bondi. 

Giles answered, "Yes." He said the United States has agreements with Mexico and South Sudan. 

"We are not going to send people to a country where they will be persecuted or tortured," Giles said. 

Giles told the court this case has nothing to do with politics and Abrego Garcia is being treated "just like anyone else."

"I personally didn't find that very credible, but that was his testimony under oath," Sandoval-Moshenberg said.

Giles testified that where Abrego Garcia ends up after his release will initially "depend on bed space." He repeatedly testified that there has been no pre-planning. 

"Mr. Giles clarified that when ICE deports someone to a third country, now they can give them as little as a few hours' notice as to which country they're sending someone," Sandoval-Moshenberg said. "This is not just for Mr. Abrego Garcia. This is for the thousands and thousands of people from Maryland and every state across the country who have won their cases for withholding removal many years ago, just like Mr. Abrego Garcia and are now being arrested by surprise, supposedly for third-country removal."

History of the case

Abrego Garcia was arrested in Prince George's County with his child in the car. He was near his home after finishing his job as a sheet metal apprentice in Baltimore on March 12th. 

The government admits he was deported to El Salvador by mistake and against a prior court order.

Abrego Garcia had been living in Maryland illegally for years, but a judge previously ruled he could not be deported to his native El Salvador because of fears he could be harmed by a gang there.

The Trump Administration alleged Abrego Garcia was a leader of the MS-13 gang, but Judge Paula Xinis, who is handling the case in Maryland, found there was no evidence of that.

Federal prosecutors have claimed Xinis has no jurisdiction, and now that Abrego Garcia is back in the United States, they believe the Maryland case is moot and should be dismissed. 

Judge Xinis denied their multiple motions to dismiss earlier this week.